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India is a land of diversity with a rich history, culture, and tradition. The legal system of India is a reflection of its diverse history and culture. The legal system in India has been shaped by several historical cases and precedents. These legal precedents have played a significant role in shaping the Indian legal system and have helped in establishing the rule of law in the country.
The Indian legal system has its roots in the British legal system. International lawyers in India are of the view that the British brought with them their legal system when they colonized India. The Indian legal system has evolved over the years to suit the needs and requirements of the Indian people. The Indian Constitution, which came into force on January 26, 1950, is the supreme law of the land. It is the foundation on which the Indian legal system is based.
There have been many historical cases and legal precedents that have shaped the Indian legal system. Some of these cases are discussed below:
The Shah Bano Case
The Shah Bano case was a landmark case in India. It involved a Muslim woman who was divorced from her husband. The woman claimed maintenance from her husband under the provisions of Indian law. The case went to the Supreme Court, which ruled in favor of the woman. The court held that the Muslim husband was liable to pay maintenance to his divorced wife under the provisions of the Indian law. This case led to a lot of controversies, with many Muslim organizations protesting against the judgment. The government of the day then passed the Muslim Women (Protection of Rights on Divorce) Act, of 1986, which overturned the Supreme Court's decision.
The Kesavananda Bharati Case
The Kesavananda Bharati case was a landmark case in India. It involved a constitutional challenge to the validity of certain provisions of the Constitution. The Supreme Court, in a historic judgment, held that the basic structure of the Constitution cannot be altered by Parliament through an amendment. This case established the principle of the basic structure doctrine, which has since become a cornerstone of Indian constitutional law.
The ADM Jabalpur Case
The ADM Jabalpur case was a landmark case in India. It involved a constitutional challenge to the validity of certain provisions of the Constitution during the Emergency period. The Supreme Court, in a controversial judgment, held that a person's right to life and liberty could be suspended during an Emergency. This judgment was widely criticized, and it led to a lot of public outrage. This case highlighted the importance of an independent judiciary and the need to protect fundamental rights.
The Maneka Gandhi Case
The Maneka Gandhi case was a landmark case in India. It involved a challenge to the validity of the Passport Act, of 1967. The Supreme Court, in a historic judgment, held that a person's right to travel abroad is a fundamental right. This case expanded the scope of Article 21 of the Constitution, which guarantees the right to life and personal liberty, to include the right to travel abroad.
The Vishakha Case
The Vishakha case was a landmark case in India. It involved a challenge to the sexual harassment of women in the workplace. The Supreme Court, in a historic judgment, held that sexual harassment of women in the workplace is a violation of their fundamental rights. The court laid down guidelines to prevent sexual harassment in the workplace. This case led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
The Nirbhaya Case
It is another landmark case in India that has left an indelible impact on the Indians. The incident took place in 2012 when 22-year of Jyoti Singh, a physiotherapy intern in Delhi was raped brutally by 6 people when she was returning back in a public bus with her friend Awindra Pratap Pandey. The girl was admitted to various hospitals in Delhi but she finally succumbed to death due to severe injuries she received when she was misconducted by the rapists. The case was trialed at a Trail Court in Delhi that convicted the rapists and came up with the decision of capital punishment for 4 people, as the driver of the bus committed suicide and the other, a minor, was trialed in a juvenile court and was put behind the bars in a correctional home. The four convicted were hanged in Tihar jail in Delhi on March 20, 2020. The judgment was appreciated by everyone in India and abroad. The verdict can work as an instance in future cases in this category.
These historical cases and legal precedents have played a significant role in shaping the Indian legal system. They have helped in establishing the rule of law in the country and have protected the rights and freedoms of the Indian people. However, International lawyers in India speak about some landmark international legal precedents that have contributed rather significantly to shaping the world around us.
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